Monday, February 23, 2015

I have a common law spouse for over ten years snd a 20year old son who I put up for adoption when he was born if I psss away snd do not have...

Question

I have a common law spouse for over ten years snd a 20year old son who I put up for adoption when he was born if I psss away snd do not have a will who would get my inherent.



Answer

There is no common law marriage in CA. I don't think a child you gave up would be an intestate heir either. Your intestate heirs would be your parents, if alive, if not, then siblings. You should make a will. Google CA Statutory Will form if you can't afford an attorney.



Answer

Michele is exactly right. Once a child is adopted is is legally as if they were never your child, and there is no such thing as a common law spouse in California (or most states anymore for that matter). So if you are concerned about inheritance you need to make a will if you want it to go to the child you gave up for adoption, or make a will or at least get married if you want it to go to your life partner.



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